909
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL TERRITORY
2012–2013–2014
MINUTES OF PROCEEDINGS
No. 81
WEDNESDAY, 26 NOVEMBER 2014
1
The Assembly met at 10 a.m., pursuant to adjournment. The Speaker (Mrs Dunne)
took the Chair and asked Members to stand in silence and pray or reflect on their
responsibilities to the people of the Australian Capital Territory.
2
THE CANBERRA HOSPITAL—OBSTETRICS AND GYNAECOLOGY UNIT—
ORDER TO TABLE
Mr Hanson (Leader of the Opposition), pursuant to notice, moved—That this
Assembly:
(1)
notes that:
(a)
the ACT Health Minister Katy Gallagher has failed to resolve serious and
ongoing issues in the maternity service at The Canberra Hospital (TCH);
(b)
in February 2010, staff of the Obstetrics and Gynaecology Unit at TCH
made serious complaints about the unit and at least 13 doctors resigned;
(c)
in 2010, the Canberra Liberals called for a board of inquiry that was
rejected by the Minister. However, a subsequent review of the maternity
unit found:
(i)
a lack of cohesion amongst the executive team and considerable
confusion over roles and functions of senior management;
(ii)
reporting lines between TCH and ACT Health were “blurred” and
that the “chain of command often fails”;
(iii)
numerous serious complaints made by staff were not addressed
and that their complaints were ignored in a “systematic and longstanding reticence by management to address disruptive or
inappropriate behaviour”;
(iv)
inadequate clinical governance;
www.parliament.act.gov.au/minutes
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No. 81—26 November 2014
(d)
(v)
significant staff shortages;
(vi)
a heavy on load call inconsistent with the safe working hours
concept;
(vii)
poorly coordinated clinical handover between shifts; and
(viii)
significant reductions in genealogical surgery;
in 2012, serious concerns were again raised by staff and the ANF about
the maternity unit at TCH, including:
(i)
a flawed model of care that resulted in mothers being discharged
only six hours after giving birth;
(ii)
capacity constraints that may have compromised patient safety;
(iii)
staff morale that had plummeted; and
(iv)
nurses and doctors under enormous pressure and highly stressed;
(e)
on 7 November 2014, serious concerns were again raised by TCH staff to
the media and to the Opposition about the maternity unit, including the
recent accreditation review conducted by the Royal Australian and New
Zealand College of Obstetricians and Gynaecologists (RANZCOG);
(f)
The Canberra Times on 7 November 2014 titled “Worst in Australia:
Canberra maternity unit under pressure” reported:
(g)
(i)
allegations of bullying and mismanagement;
(ii)
doctors have alleged a toxic culture exists at the hospital, with
hapless management and departures of senior staff contributing to
poor patient outcomes;
(iii)
one visiting assessor reportedly described Canberra as having “the
worst maternity training unit in Australia”;
(iv)
one doctor said the new Centenary Hospital for Women and
Children, opened in 2013, had too few beds and staff being trained
faced bullying and unrealistic work demands;
(v)
another person with specific knowledge of the situation said
serious cultural problems existed and they feared a serious
accident or staff suicide; and
(vi)
“extreme distress, fatigue and lack of coping. Everybody is still
performing their job as best they can in very difficult
circumstances. This has been ongoing for months or even longer”;
the ABC, on 7 November 2014, titled “Canberra Hospital at risk of losing
teaching accreditation” reported:
(i)
TCH could lose its accreditation as a teaching hospital amid
accusations of a “toxic” culture of bullying in the maternity
department;
(ii)
staff bullying has plagued the department since concerns were first
raised four years ago;
(iii)
several doctors have told the ABC staff relations at the hospital
have deteriorated to the point where patient care has suffered; and
No. 81—26 November 2014
(iv)
(h)
(2)
911
one senior staff member told the ABC the department was a “car
wreck”, while others have spoken about verbal threats of violence
and intimidating emails; and
on 21 November 2014, The Canberra Times in an article “Leaked report
claims Canberra Hospital maternity patients at serious risk” reported on a
leaked extract of the RANZCOG accreditation report including that:
(i)
mismanagement and long-running cultural problems inside TCH
maternity unit have put the health of patients at serious risk, an
official report has warned, as adverse medical outcomes,
inadequate supervision and critically low morale remain;
(ii)
“the unit is significantly at risk of both adverse medical outcomes
and personal risk to the health and wellbeing of the registrars”; and
(iii)
it (the report) highlights staff shortages, a lack of engagement by
visiting doctors, increasing birth numbers, shortages of senior
doctors, limited clinical experience, poor rostering, conflicting
management protocols and “widespread disaffection”; and
calls on the Minister for Health to:
(a)
provide the Assembly with the full recent accreditation report conducted
by RANZCOG;
(b)
specify actions the Minister is taking to address the long term and serious
concerns with TCH maternity unit; and
(c)
assure the Assembly and the community that the Minister is able to
resolve the issues with TCH maternity or will step aside as Health
Minister.
Ms Gallagher (Minister for Health) moved the following amendment: Omit all words
after “That this Assembly”, substitute:
“(1)
notes that:
(a)
the Obstetrics and Gynaecology (O&G) Unit at The Canberra Hospital is
a highly specialised medical unit providing 3252 births and 20 408
occasions of gynaecological and obstetric care for women across the
region;
(b)
the high quality outcomes experienced by patients of the unit;
(c)
in 2010, staff of the unit raised concerns about the interpersonal
relationships within the unit, and that these concerns were addressed at
that time;
(d)
in September 2014, the Minister for Health received an anonymous letter
raising concerns within the unit;
(e)
ACT Health advised the Royal Australian and New Zealand College of
Obstetricians and Gynaecologists (RANZCOG) about these concerns
prior to their scheduled accreditation review of the training program in
September 2014;
(f)
RANZCOG has provided ACT Health with a report which included a
number of commendations, including good obstetric experience, excellent
after hours consultant support, training supervisors who provide ongoing
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No. 81—26 November 2014
support and feedback to the registrars, a well-planned new building with
impressive facilities, commitment to quality control and audit, research
opportunities and a consultant coordinating the weekly teaching sessions,
but identified areas for improvement required for accreditation for
RANZCOG training to be retained; and
(g)
(2)
ACT Health is working with RANZCOG and the staff of the unit to
address these areas for improvement;
calls on the Government to table by no later than 5 December 2014:
(a)
a summary of actions taken to address concerns raised in the O&G unit in
2010; and
(b)
a summary of ACT Health’s work with the staff of the unit to address the
areas for improvement raised by RANZCOG in 2014;
(3)
acknowledges the need to let the action plan be implemented and that
management must be given scope to manage the issues in the unit; and
(4)
thanks the staff of the unit—senior doctors, junior doctors, midwives, allied
health, management, administrative and other staff who provide excellent care
and services to the women and babies across the region.”.
Debate continued.
Question—That the amendment be agreed to—put.
The Assembly voted—
AYES, 9
Mr Barr
Ms Gallagher
Ms Berry
Mr Gentleman
Dr Bourke
Ms Porter
Ms Burch
Mr Rattenbury
Mr Corbell
NOES, 8
Mr Coe
Ms Lawder
Mr Doszpot
Mr Smyth
Mrs Dunne
Mr Wall
Mr Hanson
Mrs Jones
And so it was resolved in the affirmative.
Question—That the motion, as amended, viz:
“That this Assembly:
(1)
notes that:
(a)
the Obstetrics and Gynaecology (O&G) Unit at The Canberra Hospital is
a highly specialised medical unit providing 3252 births and 20 408
occasions of gynaecological and obstetric care for women across the
region;
(b)
the high quality outcomes experienced by patients of the unit;
(c)
in 2010, staff of the unit raised concerns about the interpersonal
relationships within the unit, and that these concerns were addressed at
that time;
(d)
in September 2014, the Minister for Health received an anonymous letter
raising concerns within the unit;
(e)
ACT Health advised the Royal Australian and New Zealand College of
Obstetricians and Gynaecologists (RANZCOG) about these concerns
No. 81—26 November 2014
913
prior to their scheduled accreditation review of the training program in
September 2014;
(2)
(f)
RANZCOG has provided ACT Health with a report which included a
number of commendations, including good obstetric experience, excellent
after hours consultant support, training supervisors who provide ongoing
support and feedback to the registrars, a well-planned new building with
impressive facilities, commitment to quality control and audit, research
opportunities and a consultant coordinating the weekly teaching sessions,
but identified areas for improvement required for accreditation for
RANZCOG training to be retained; and
(g)
ACT Health is working with RANZCOG and the staff of the unit to
address these areas for improvement;
calls on the Government to table by no later than 5 December 2014:
(a)
a summary of actions taken to address concerns raised in the O&G unit in
2010; and
(b)
a summary of ACT Health’s work with the staff of the unit to address the
areas for improvement raised by RANZCOG in 2014;
(3)
acknowledges the need to let the action plan be implemented and that
management must be given scope to manage the issues in the unit; and
(4)
thanks the staff of the unit—senior doctors, junior doctors, midwives, allied
health, management, administrative and other staff who provide excellent care
and services to the women and babies across the region.”—
be agreed to—put and passed.
3
WHITE RIBBON DAY
Mrs Jones, pursuant to notice, moved—That this Assembly:
(1)
notes:
(a)
White Ribbon Day on 25 November 2014;
(b)
White Ribbon Day is the only national, male led campaign to end men’s
violence against women;
(c)
over 12 months, on average, one woman is killed every week as a result
of intimate partner violence;
(d)
a woman is most likely, if killed by her male partner, for it to occur in her
home;
(e)
domestic and family violence is the principle cause of homelessness for
women and their children;
(f)
intimate partner violence is the leading contributor to death, disability and
ill-health in Australian women aged 15-44;
(g)
one in three women have experienced physical and/or sexual violence
perpetrated by someone known to them;
(h)
one in four children are exposed to domestic violence, a recognised form
of child abuse;
(i)
one in five women experiences harassment within the workplace; and
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No. 81—26 November 2014
(j)
White Ribbon Day works to change the attitudes and the behaviours that
lead to and perpetuate violence against women by engaging and enabling
boys and men to lead the social change;
(2)
acknowledges the great work done by the White Ribbon Day and its valuable
role within our community; and
(3)
calls on the Government to collect statistics on incidents of domestic violence
perpetrated against women in the ACT and report annually to the Assembly
coinciding with White Ribbon Day.
Mr Corbell (Attorney-General) moved the following amendment: Omit paragraph (3),
substitute:
“(3)
notes:
(a)
a review of the Family Violence Intervention Program (FVIP) in 2012
resulted in additional data on family violence being made available by
agencies that participate in the FVIP for the 2008-09 and 2009-10 years;
and
(b)
the Domestic Violence Prevention Council has formed a data
sub-committee which will consider and identify possible approaches for
the Council in relation to developing and establishing a data gathering and
analysis strategy for the ACT. This work will lead to the collection of
frequent, meaningful data about domestic and sexual violence in the
ACT.”.
Debate continued.
Paper: Ms Burch (Minister for Women) presented the following paper:
Violence against women in the ACT—Data and evaluation information sheet 2014,
prepared by the Community Services Directorate.
Debate continued.
Amendment agreed to.
Question—That the motion, as amended, viz:
“That this Assembly:
(1)
notes:
(a)
White Ribbon Day on 25 November 2014;
(b)
White Ribbon Day is the only national, male led campaign to end men’s
violence against women;
(c)
over 12 months, on average, one woman is killed every week as a result
of intimate partner violence;
(d)
a woman is most likely, if killed by her male partner, for it to occur in her
home;
(e)
domestic and family violence is the principle cause of homelessness for
women and their children;
(f)
intimate partner violence is the leading contributor to death, disability and
ill-health in Australian women aged 15-44;
No. 81—26 November 2014
915
(g)
one in three women have experienced physical and/or sexual violence
perpetrated by someone known to them;
(h)
one in four children are exposed to domestic violence, a recognised form
of child abuse;
(i)
one in five women experiences harassment within the workplace; and
(j)
White Ribbon Day works to change the attitudes and the behaviours that
lead to and perpetuate violence against women by engaging and enabling
boys and men to lead the social change;
(2)
acknowledges the great work done by the White Ribbon Day and its valuable
role within our community; and
(3)
notes:
(a)
a review of the Family Violence Intervention Program (FVIP) in 2012
resulted in additional data on family violence being made available by
agencies that participate in the FVIP for the 2008-09 and 2009-10 years;
and
(b)
the Domestic Violence Prevention Council has formed a data
sub-committee which will consider and identify possible approaches for
the Council in relation to developing and establishing a data gathering and
analysis strategy for the ACT. This work will lead to the collection of
frequent, meaningful data about domestic and sexual violence in the
ACT.”—
be agreed to—put and passed.
4
A.C.T. ECONOMY
Ms Porter, pursuant to notice, moved—That this Assembly:
(1)
notes:
(a)
the underlying strength of the ACT economy and the strong prospects for
long-term growth;
(b)
the decision by the ACT Government to:
(i)
support economic and job growth in the ACT economy;
(ii)
invest in a four-year $2.5 billion infrastructure program to provide
important facilities and services and boost growth;
(iii)
implement stimulus measures to support the ACT building and
construction industry;
(iv)
support the private sector to grow, create jobs and diversify,
particularly through the implementation of the Business
Development Strategy;
(v)
support innovation in the ACT through the launch of the Canberra
Innovation Network;
(vi)
encourage investment in the ACT through the creation of a
dedicated investment facilitation body, Invest Canberra;
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No. 81—26 November 2014
(2)
(vii)
support key sectors of the ACT economy, notably tourism,
construction and higher education; and
(viii)
continue reforming taxes by phasing out inefficient taxes that
hinder growth and distort investment and consumption decisions;
(c)
that Australian Bureau of Statistics figures about unemployment, retail
trade, residential building approvals and wages growth indicate the
negative impact of ongoing Commonwealth job cuts are having on our
local economy;
(d)
the decision of the ACT Government to focus on four key areas of
investment being health, education, public transport and resolution of the
toxic legacy of Mr Fluffy asbestos; and
(e)
the likely impact of the Mr Fluffy asbestos buyback scheme on the ACT
Budget; and
calls on the ACT Government to:
(a)
continue to monitor the impact on our economy of the Commonwealth
jobs cuts;
(b)
work closely with the business and construction sector to maximise local
jobs opportunities;
(c)
ensure that the strategic reforms underway across the ACTPS enhance the
effectiveness and efficiency of government services; and
(d)
make strong representation to the Federal Government to resist any
attempts to make further direct funding cuts to the Territory or to transfer
Commonwealth public sector jobs from the ACT.
Debate ensued.
Debate interrupted in accordance with standing order 74 and the resumption of the
debate made an order of the day for a later hour this day.
5
QUESTIONS
Questions without notice were asked.
6
A.C.T. ECONOMY
The order of the day having been read for the resumption of the debate on the motion
of Ms Porter (see entry 4)—
Debate resumed.
Question—put.
The Assembly voted—
AYES, 9
Mr Barr
Ms Gallagher
Ms Berry
Mr Gentleman
Dr Bourke
Ms Porter
Ms Burch
Mr Rattenbury
Mr Corbell
And so it was resolved in the affirmative.
NOES, 8
Mr Coe
Ms Lawder
Mr Doszpot
Mr Smyth
Mrs Dunne
Mr Wall
Mr Hanson
Mrs Jones
No. 81—26 November 2014
7
917
ARTS POLICY FRAMEWORK
Mr Smyth, pursuant to notice, moved—That this Assembly:
(1)
(2)
notes that:
(a)
the Arts Policy Framework was published in July 2012;
(b)
key to the purpose of the Framework was to provide “a structure within
which arts policy and the goals and outcomes associated with policy will
be developed, and will guide the implementation and review of existing
policies and programs”; and
(c)
during the Standing Committee on Education, Training and Youth Affairs
annual report hearings on art, the Minister was not able to list the policy
goals and outcomes achieved as a consequence of her framework; and
calls on the Minister to list all policy, goals and outcomes achieved as a result
of the ACT Arts Policy Framework to be tabled by the last sitting day in
February 2015.
Ms Burch (Minister for the Arts), by leave, moved the following amendments
together:
(1)
Omit paragraph (1)(c), substitute:
“(c) artsACT is currently reviewing the Arts Policy Framework in line with
commitments made in 2012, with the review to be completed in 2015;
and”.
(2)
Omit paragraph (2), substitute:
“(2) calls on the Minister for the Arts to update the Assembly on the review of
the Arts Policy Framework as soon as practicable following its
completion in 2015.”.
Debate continued.
Question—That the amendments be agreed to—put.
The Assembly voted—
Mr Barr
Ms Berry
Dr Bourke
Ms Burch
Mr Corbell
AYES, 9
Ms Gallagher
Mr Gentleman
Ms Porter
Mr Rattenbury
Mr Coe
Mr Doszpot
Mrs Dunne
Mr Hanson
Mrs Jones
NOES, 8
Ms Lawder
Mr Smyth
Mr Wall
And so it was resolved in the affirmative.
Question—That the motion, as amended, viz:
“That this Assembly:
(1)
notes that:
(a)
the Arts Policy Framework was published in July 2012;
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No. 81—26 November 2014
(2)
(b)
key to the purpose of the Framework was to provide “a structure within
which arts policy and the goals and outcomes associated with policy will
be developed, and will guide the implementation and review of existing
policies and programs”; and
(c)
artsACT is currently reviewing the Arts Policy Framework in line with
commitments made in 2012, with the review to be completed in 2015; and
calls on the Minister for the Arts to update the Assembly on the review of the
Arts Policy Framework as soon as practicable following its completion in
2015.”—
be agreed to—put and passed.
8
LIGHT RAIL NETWORK PROJECT
Mr Coe, pursuant to notice, moved—That this Assembly:
(1)
(2)
(3)
notes regarding the Full Business Case for light rail released on 31 October
2014:
(a)
the benefit-cost ratio has fallen from the 2012 estimate of 2.34 to just 1.2;
(b)
the business case does not include the cost of finance which is expected to
be at least $70 million per year;
(c)
the ACT Government may adopt “high risk work components not within
the potential control of the delivery partner” regarding the relocation of
utilities; and
(d)
the cost of parking after light rail is operational is not disclosed;
according to former ACT Treasury official, Dr David Hughes:
(a)
the business case understates the likely cost and overstates the benefits;
(b)
of the $984 million in published benefits, $579 million are
unsubstantiated increases in land values and productivity; and
(c)
the transport benefits to cost ratio is just 0.5; and
calls on the ACT Government to cancel the project.
Mr Coe addressing the Assembly—
Adjournment negatived: It being 6 p.m.—The question was proposed—That the
Assembly do now adjourn.
Mr Corbell (Minister for Capital Metro) requiring the question to be put forthwith
without debate—
Question—put and negatived.
Mr Coe continued.
Mr Corbell (Minister for Capital Metro) moved the following amendment: Omit all
words after “That this Assembly”, substitute: “notes that:
No. 81—26 November 2014
919
(1)
the full business case for Capital Metro was released on 31 October 2014, along
with calls for expressions of interest to build and operate the light rail system;
(2)
the business case was produced using analysis performed by internationally
renowned economic advisers EY, which delivered prudent and conservative
economic analysis of the project;
(3)
the business case was developed using best practice, robust methodologies from
technical, financial, community and social sectors;
(4)
release of the business case is an unusual step for governments to take, and
shows the Government’s commitment to making this an open and transparent
project;
(5)
the business case analysis shows that Capital Metro stage 1 will produce nearly
one billion dollars in benefits for the ACT’s economy, a return of $1.20 for
every $1 spent on the project. This includes:
(a)
$222 million in transport time savings;
(b)
$140 million in infrastructure efficiency savings;
(c)
$198 million in wider economic benefits;
(d)
$240 million in land use benefits;
(e)
$13 million in environmental and other benefits; and
(f)
$5 million in walking and cycling health benefits;
(6)
without Capital Metro, adopting a business as usual approach, in 2031 the car
journey from Gungahlin to the city in peak times will be over 50 minutes.
Travel time by light rail over the whole Capital Metro route will be around
25 minutes;
(7)
the light rail project will create 3,500 jobs in the construction phase alone,
which is of particular significance to the ACT in light of the decline in the ACT
economy on account of Commonwealth Government cuts; and
(8)
the Government is proceeding to the Expressions of Interest stage with release
of RFP scheduled for the second quarter of 2015.”.
Debate continued.
Mr Rattenbury addressing the Assembly—
Debate adjourned (Mr Gentleman—Minister for Planning) and the resumption of the
debate made an order of the day for the next sitting.
10
ADJOURNMENT
Mr Corbell (Manager of Government Business) moved—That the Assembly do now
adjourn.
Debate ensued.
The time allotted for the debate having expired—
Question—put and passed.
And then the Assembly, at 7.01 p.m., adjourned until tomorrow at 10 a.m.
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No. 81—26 November 2014
MEMBERS’ ATTENDANCE: All Members were present at some time during the sitting.
Tom Duncan
Clerk of the Legislative Assembly